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october 2012

Supreme Court of India · 2012-10-19

Rajesh Awasthi vs Nand Lal Jaiswal & Ors

Citation / case number
AIR 2013 SC (CIVIL) 322
Court
Supreme Court of India
Petitioner
Rajesh Awasthi
Respondent
Nand Lal Jaiswal & Ors
Author
K. S. Radhakrishnan
Bench
K.S. Radhakrishnan, Dipak Misra

Judgment text excerpt

The Supreme Court held that the appointment of the appellant as Chairperson of the U.P. State Electricity Regulatory Commission was invalid due to non-compliance with sub-section (5) of Section 85 of the Electricity Act, 2003. The Court affirmed the High Court's decision to issue a writ of quo warranto, establishing that adherence to statutory provisions is essential for valid appointments in regulatory bodies. Consequently, the appellant was found to lack authority to continue in the position, leading to the dismissal of his appeal.

Rajesh Awasthi vs Nand Lal Jaiswal & Ors · Niyam